Tapi Irrigation Development Corporation Thr The Exe Engineer, Hatnur Project Div., Jalgaon v. The Collector, Jalgaon And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

931 CIVIL APPLICATION NO. 3247 OF 2016 IN FAST/14842/2015 WITH CA/3249/2016 IN FAST/14833/2015 WITH CA/3251/2016 IN FAST/14783/2015 WITH CA/3253/2016 IN FAST/14815/2015 WITH CA/3255/2016 IN FAST/14820/2015 WITH CA/3257/2016 IN FAST/14810/2015 WITH CA/3259/2016 IN FAST/14826/2015 WITH CA/3261/2016 IN FAST/14863/2015 WITH CA/3263/2016 IN FAST/14836/2015 WITH CA/3265/2016 IN FAST/14830/2015 WITH CA/3267/2016 IN FAST/14796/2015 WITH CA/3269/2016 IN FAST/14792/2015 WITH CA/3271/2016 IN FAST/14778/2015 WITH CA/3273/2016 IN FAST/14773/2015 WITH CA/3275/2016 IN FAST/14852/2015 WITH CA/3277/2016 IN FAST/14858/2015 WITH CA/3279/2016 IN FAST/14849/2015 WITH CA/3281/2016 IN FAST/14846/2015 TAPI IRRIGATION DEVELOPMENT CORPN. THR THE EXE ENGINEER HATNUR PROJECT DIVN JALGAON THE COLLECTOR JALGAON AND ORS AGP for Respondent Nos.1 & 2 : Mr. S. N.

Morampalle. 932 CIVIL APPLICATION NO.

WITH CA/3638/2016 IN FAST/14639/2015 WITH CA/3640/2016 IN FAST/14632/2015 WITH CA/3642/2016 IN FAST/14627/2015 WITH CA/3646/2016 IN FAST/14742/2015 ENGINEER, HATNUR PROJECT DIVI AGP for Respondent Nos.1 & 2 : Mr. A. M. Phule. ...

933 CIVIL APPLICATION NO. 5364 OF 2016 IN FAST/11707/2015 WITH CA/5366/2016 IN FAST/11756/2015 WITH CA/5368/2016 IN FAST/11730/2015 WITH CA/5375/2016 IN FAST/11723/2015 WITH CA/5377/2016 IN FAST/11720/2015 WITH CA/5379/2016 IN FAST/11750/2015 WITH CA/5385/2016 IN FAST/11717/2015 WITH CA/5389/2016 IN FAST/11739/2015 WITH CA/5391/2016 IN FAST/11743/2015 WITH CA/5395/2016 IN FAST/11710/2015 WITH CA/5397/2016 IN FAST/11714/2015 WITH CA/5399/2016 IN FAST/11753/2015 TAPI IRRIGATION DEVELOPMENT CORPORATION THR THE EXE. AGP for Respondent Nos.1 & 2 : Mr. A. M. Phule. 934 CIVIL APPLICATION NO. 6390 OF 2016 IN FAST/14450/2015 WITH CA/6392/2016 IN FAST/14462/2015

WITH CA/6394/2016 IN FAST/14466/2015 WITH CA/6396/2016 IN FAST/14470/2015 WITH CA/6398/2016 IN FAST/14473/2015 WITH CA/6400/2016 IN FAST/14476/2015 WITH CA/6402/2016 IN FAST/14479/2015 WITH CA/6406/2016 IN FAST/14489/2015 WITH CA/6408/2016 IN FAST/14494/2015 WITH CA/6411/2016 IN FAST/14483/2015 WITH CA/6413/2016 IN FAST/14454/2015 TAPI IRRIGATION DEVELOPMENT CORPN. THR THE EXE ENGINEER HATNUR PROJECT DIVN JALGAON THE COLLECTOR JALGAON AND OTHERS AGP for Respondent Nos.1 & 2 : Mr. B. V. Virde. 935 CIVIL APPLICATION NO. 6433 OF 2016 IN FAST/13410/2015 WITH CA/6439/2016 IN FAST/13390/2015 WITH CA/6443/2016 IN FAST/13426/2015 WITH CA/6445/2016 IN FAST/13405/2015 WITH CA/6452/2016 IN FAST/13393/2015 WITH CA/6456/2016 IN FAST/13387/2015 WITH CA/6458/2016 IN FAST/13378/2015 TAPI IRRIGATION DEVELOPMENT CORPN. THR THE EXE ENGINEER HATNUR PROJECT DIVN JALGAON THE COLLECTOR JALGAON AND ORS AGP for Respondent Nos.1 & 2 : Mr. S. N. Morampalle. 936 CIVIL APPLICATION NO. 6790 OF 2016 IN FAST/14360/2015 WITH CA/6793/2016 IN FAST/14402/2015

WITH CA/6799/2016 IN FAST/14399/2015 WITH CA/6804/2016 IN FAST/14396/2015 WITH CA/6807/2016 IN FAST/14393/2015 WITH CA/6809/2016 IN FAST/14390/2015 WITH CA/6811/2016 IN FAST/14387/2015 WITH CA/6813/2016 IN FAST/14384/2015 WITH CA/6815/2016 IN FAST/14381/2015 WITH CA/6817/2016 IN FAST/14378/2015 WITH CA/6819/2016 IN FAST/14375/2015 WITH CA/6821/2016 IN FAST/14372/2015 WITH CA/6823/2016 IN FAST/14366/2015 WITH CA/6826/2016 IN FAST/14363/2015 WITH CA/6828/2016 IN FAST/14369/2015 AGP for Respondent Nos.1 & 2 : Mr. S. S. Dande. 937 CIVIL APPLICATION NO. 7109 OF 2016 IN FAST/13501/2015 WITH CA/7111/2016 IN FAST/13507/2015 WITH CA/7113/2016 IN FAST/13512/2015 WITH CA/7115/2016 IN FAST/13520/2015 WITH CA/7117/2016 IN FAST/13523/2015 WITH CA/7119/2016 IN FAST/13528/2015 WITH CA/7121/2016 IN FAST/13608/2015 TAPI IRRIGATION DEVELOPMENT CORPN. THR THE EXE ENGINEER HATNUR PROJECT DIVN JALGAON THE COLLECTOR JALGAON AND ORS AGP for Respondent Nos.1 & 2 : Mr. A. M. Phule. ...

938 CIVIL APPLICATION NO. 7138 OF 2016 IN FAST/26107/2015 WITH CA/7140/2016 IN FAST/26113/2015 WITH CA/7142/2016 IN FAST/26104/2015 WITH CA/7144/2016 IN FAST/26110/2015 AGP for Respondent Nos.1 & 2 : Mr. S. S. Dande. 939 CIVIL APPLICATION NO. 7363 OF 2016 IN FAST/32853/2015 WITH CA/7366/2016 IN FAST/33056/2015 WITH CA/7368/2016 IN FAST/32880/2015 WITH CA/7370/2016 IN FAST/32876/2015 WITH CA/7372/2016 IN FAST/32873/2015 WITH CA/7374/2016 IN FAST/32870/2015 WITH CA/7376/2016 IN FAST/32862/2015 WITH CA/7380/2016 IN FAST/33062/2015 WITH CA/7382/2016 IN FAST/32867/2015 WITH CA/7378/2016 IN FAST/32859/2015 AGP for Respondent Nos.1 & 2 : Mr. S. N. Morampalle. 940 CIVIL APPLICATION NO. 7397 OF 2016 IN FAST/26602/2015 WITH CA/7399/2016 IN FAST/26605/2015

WITH CA/7401/2016 IN FAST/26611/2015 WITH CA/7403/2016 IN FAST/26608/2015 WITH CA/7405/2016 IN FAST/26599/2015 WITH CA/7409/2016 IN FAST/26617/2015 WITH CA/7411/2016 IN FAST/26614/2015 WITH CA/7413/2016 IN FAST/26643/2015 WITH CA/7415/2016 IN FAST/26639/2015 WITH CA/7417/2016 IN FAST/26623/2015 WITH CA/7419/2016 IN FAST/26658/2015 WITH CA/7421/2016 IN FAST/26663/2015 WITH CA/7425/2016 IN FAST/26650/2015 AGP for Respondent Nos.1 & 2 : Mr. S. S. Dande. 941 CIVIL APPLICATION NO. 7467 OF 2016 IN FAST/14255/2015 WITH CA/7469/2016 IN FAST/13943/2015 WITH CA/7471/2016 IN FAST/13938/2015 WITH CA/7473/2016 IN FAST/13931/2015 WITH CA/7475/2016 IN FAST/13959/2015 WITH CA/7477/2016 IN FAST/13963/2015 WITH CA/7479/2016 IN FAST/13968/2015 WITH CA/7481/2016 IN FAST/13972/2015 WITH CA/7483/2016 IN FAST/13982/2015 WITH CA/7485/2016 IN FAST/13977/2015 AGP for Respondent Nos.1 & 2 : Mr. A. M. Phule.

942 CIVIL APPLICATION NO. 8183 OF 2016 IN FAST/32793/2015 WITH CA/8186/2016 IN FAST/32796/2015 AGP for Respondent Nos.1 & 2 : Mr. B. V. Virde. 943 CIVIL APPLICATION NO. 8193 OF 2016 IN FAST/32790/2015 AGP for Respondent Nos.1 & 2 : Mr. S. N. Morampalle. 944 CIVIL APPLICATION NO. 10612 OF 2016 IN FAST/32942/2015 WITH CA/10614/2016 IN FAST/33038/2015 WITH CA/10616/2016 IN FAST/33045/2015 WITH CA/10618/2016 IN FAST/33041/2015 WITH CA/10620/2016 IN FAST/32982/2015 WITH CA/10624/2016 IN FAST/32971/2015 WITH CA/10626/2016 IN FAST/32966/2015 WITH CA/10628/2016 IN FAST/32954/2015 WITH CA/10630/2016 IN FAST/33005/2015

TAPI IRRIGATION DEVELOPMENT CORPORATION THROUGH THE EXE AGP for Respondent Nos.1 & 2 : Mr. S. S. Dande. 945 CIVIL APPLICATION NO. 11503 OF 2016 IN FAST/26117/2015 WITH CA/11506/2016 IN FAST/26124/2015 WITH CA/11508/2016 IN FAST/26127/2015 WITH CA/11514/2016 IN FAST/26143/2015 WITH CA/11517/2016 IN FAST/33225/2015 WITH CA/11519/2016 IN FAST/26130/2015 WITH CA/11521/2016 IN FAST/26133/2015 WITH CA/11525/2016 IN FAST/26121/2015 AGP for Respondent Nos.1 & 2 : Mr. S. M. Phule. A N D 946 CIVIL APPLICATION NO. 944 OF 2017 IN FAST/33247/2015 WITH CA/946/2017 IN FAST/35766/2015 WITH CA/948/2017 IN FAST/33350/2015 WITH CA/950/2017 IN FAST/33275/2015 WITH CA/952/2017 IN FAST/33267/2015 WITH CA/954/2017 IN FAST/33260/2015 WITH CA/956/2017 IN FAST/33263/2015 WITH CA/958/2017 IN FAST/33331/2015 WITH CA/961/2017 IN FAST/33339/2015 WITH CA/963/2017 IN FAST/33285/2015 WITH CA/966/2017 IN FAST/33271/2015

WITH CA/968/2017 IN FAST/33300/2015 WITH CA/970/2017 IN FAST/33256/2015 WITH CA/972/2017 IN FAST/33253/2015 WITH CA/974/2017 IN FAST/33236/2015 TAPI IRRIGATION DEVELOPMENT CORPORATION THROUGH THE EXE AGP for Respondent Nos.1 & 2 : Mr. B. V. Virde. CORAM :

V. K. JADHAV, J.

DATE :

19th July, 2017.

P.C.:

.

Heard the learned counsel appearing for the parties in all the applications seeking condonation of delay.

Issue notice to the Respondents.

The learned AGP appearing for Respondent Nos.1 and 2 and Mr. Kale, learned counsel appearing for Respondents / original Claimants waive the service of notice for the respective Respondents in all the matters. However, Mr. Kale, learned counsel submits that in some of the matters, the Vakalatnamas are yet to be received and the learned counsel would undertake to submit the Vakalatnamas signed by the Respondents / original Claimants within two weeks. The Applicant / acquiring body submits that due to some financial difficulties, the appeals could not be preferred within the period of limitation and as such, the delay occurred in filing the

appeals. The learned counsel submits that time was spent to seek advise and instructions from the higher authorities in the matters. The learned counsel for Respondents / original Claimants has strongly resisted the applications seeking condonation of delay on the ground that the Applicant / acquiring body has not explained the delay satisfactorily.

In view of the submissions made on behalf of the Applicant / acquiring body and for the reasons stated in the applications, the delay caused in filing the appeals is hereby condoned. Civil applications seeking condonation of delay are allowed and accordingly disposed of.

In appeals, heard. Issue notice to the Respondents. The learned AGP appearing for Respondent Nos.1 and 2 and Mr. Kale, learned counsel appearing for Respondents / original Claimants waive the service of notice for the respective Respondents. [ V. K. JADHAV, J. ] ndm